DVM Co. v. Bricker

CAMERON, Justice.

We granted review of a memorandum decision of the Court of Appeals affirming the trial court’s judgment holding that though there was a breach of a covenant of a lease, the breach was not “sufficiently material” to require a forfeiture of the lease. We have jurisdiction pursuant to Art. 6, § 5, Arizona Constitution. We reverse.

We consider the following issues:

1. While a forfeiture is pending in the courts, does acceptance of rent by the lessor from the lessee in possession of the property waive the lessor’s right to claim forfeiture?

2. Did the trial court err in excluding…